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AB-1212 County employees’ retirement.(2011-2012)

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AB1212:v97#DOCUMENT

Amended  IN  Assembly  May 31, 2011
Amended  IN  Assembly  May 05, 2011

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 1212


Introduced  by  Assembly Member Mansoor

February 18, 2011


An act to add Section 31485.95 to the Government Code, relating to county employees’ retirement.


LEGISLATIVE COUNSEL'S DIGEST


AB 1212, as amended, Mansoor. County employees’ retirement.
Under existing law, counties and districts, as defined, may provide retirement benefits to their employees pursuant to the County Employees Retirement Law of 1937. Existing law prohibits any resolution, ordinance, contract, or contract amendment under that law adopted on or after January 1, 2004, from providing different retirement benefits for any subgroup of general members within a membership classification, including, but not limited to, bargaining units or unrepresented groups, unless benefits provided by statute for members hired on or after the date specified in the resolution are adopted by the county or district governing board, by resolution adopted by majority vote, pursuant to a memorandum of understanding made under the Meyers-Milias-Brown Act. Existing law prohibits any retirement contract amendment from being imposed by the employer in absence of a memorandum of understanding made under the Meyers-Milias-Brown Act.

This bill would, in the South Coast Air Quality Management District, allow those benefits to be specified in an ordinance, contract, or contract amendment adopted by the district governing board. The bill would also, in the South Coast Air Quality Management District, prohibit the employer from imposing a retirement ordinance or contract in the absence of a memorandum of understanding prepared pursuant to the Meyers-Milias-Brown Act. The bill would also make related technical, nonsubstantive changes.

This bill would authorize the South Coast Air Quality Management District (SCAQMD) by its governing board, by resolution, contract, or contract amendment, to adopt and provide retirement benefits for its employees, including unrepresented employees, hired on, or after, the date specified in the resolution, contract, or contract amendment pursuant to the specified benefit formula. The bill would also prohibit a resolution, contract, or contract amendment from providing retirement benefits for the employees of the SCAQMD, unless those retirement benefits are adopted by the governing board of the SCAQMD pursuant to a memorandum of understanding made under the Meyers-Milias-Brown Act. The provisions of this bill would not apply to employees who were hired before the effective date of the bill.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 31485.95 is added to the Government Code, immediately following Section 31485.9, to read:

31485.95.
 (a) Notwithstanding any other provision of the law, including, but not limited to, Section 31485.9, the South Coast Air Quality Management District, as defined in subdivision (h) of Section 31468, by its governing board, may, by resolution, contract, or contract amendment under this chapter, adopt and provide retirement benefits for its employees hired on, or after, the date specified in the resolution, contract, or contract amendment pursuant to the benefit formula in Section 31676.1.
(b) No resolution, contract, or contract amendment made under this chapter may provide retirement benefits for the employees of the South Coast Air Quality Management District, unless those retirement benefits are adopted by the governing board of the South Coast Air Quality Management District pursuant to a memorandum of understanding made under the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 2). Retirement benefits authorized under this section shall also be made applicable to all unrepresented employees of the South Coast Air Quality Management District hired on or after the date that any employee is provided retirement benefits pursuant to the formula in Section 31676.1.
(c) This section shall not apply to South Coast Air Quality Management District employees who were hired before the effective date of this section.

SECTION 1.Section 31485.95 is added to the Government Code, immediately following Section 31485.9, to read:
31485.95.

(a)Notwithstanding any other law, including, but not limited to, Chapter 10 (commencing with Section 3500) of Division 4 of Title 1, no resolution, ordinance, contract, or contract amendment under this chapter adopted on or after January 1, 2004, may provide any retirement benefits for some, but not all, general members of the district.

(b)(1)No resolution, ordinance, contract, or contract amendment under this chapter adopted on or after January 1, 2004, may provide different retirement benefits for any subgroup of general members within a membership classification, including, but not limited to, bargaining units or unrepresented groups, unless benefits provided by statute for members hired on or after the date specified in the resolution are adopted by the district governing board, by resolution, ordinance, contract, or contract amendment adopted by majority vote, pursuant to a memorandum of understanding made under the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 2).

(2)All nonrepresented employees within similar job classifications as employees in a bargaining unit subject to a memorandum of understanding, or supervisors and managers thereof, shall be subject to the same formula for the calculation of retirement benefits applicable to the employees in the bargaining unit.

(3)A retirement ordinance, contract, or contract amendment shall not be imposed by the employer in the absence of a memorandum of understanding prepared pursuant to the Meyers-Milias-Brown Act.

(c)This section does not preclude changing membership classification from one to another membership classification.

(d)This section shall not apply to retirement benefits for a member described in paragraph (2) of subdivision (d) of Section 31676.15.

(e)This section shall apply only to the South Coast Air Quality Management District.